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Two national-level art awards and reviewer of works by other artists. EB-1A?
Two national awards and work as a reviewer are strong, but the EB-1A requires broad evidence and consultation with specialists to ensure qualification.
Read full answer →Frequently asked questions
Frequently asked questions about EB-1
Straight answers to the most common questions about the EB-1 visa.
Does the EB-1C grant automatic work authorization?
The EB-1C visa allows permanent residence, but does not grant immediate work authorization; authorization depends on adjustment of status and the Employment Authorization Document (EAD).
Read full answer →How long is the EB-1 green card valid after it is issued?
The EB-1 Green Card is valid for 10 years, but the permanent resident status is lifelong; renewing the document is necessary to maintain its physical validity.
Read full answer →Can EB-1A commonly receive an RFE if the evidence is confusing?
EB-1A applicants may receive an RFE when the evidence is confusing, making it essential to present clear evidence and respond to requests to strengthen the process.
Read full answer →Researcher in vaccine pipeline for zoonoses. Lack of teaching experience. EB-1B ok?
Researchers may be eligible for the EB-1B visa without formal teaching experience, provided they demonstrate excellence and international recognition in research.
Read full answer →I have already tried the EB-1 without success, but I’ve improved and have new awards. Can I reapply?
New achievements can strengthen your EB-1 petition, provided they are well documented, follow immigration laws and official guidelines, without guaranteeing approval.
Read full answer →Is there an on-site audit of the company for EB-1C?
On-site audit for the EB-1C visa is not routine but may occur if there are doubts; preparing complete documentation and following the rules is essential.
Read full answer →In EB-1B, there are 6 criteria, but do I also need more than 2/6?
To obtain the EB-1B visa, besides meeting two of the six criteria, it is mandatory to have a permanent job offer at an academic institution in the US.
Read full answer →I worked for 20 years and have a high salary. I am missing an award. Can I still qualify for EB-1A?
Having 20 years of work experience and a high salary can help with the EB-1A, even without an award. Cumulative evidence and professional guidance are essential for the application.
Read full answer →How long do I need to have worked as a researcher for the EB-1B?
The EB-1B requires a minimum of three years proven experience in research or teaching, with international recognition, for professors and researchers wishing to immigrate to the USA.
Read full answer →I am on sabbatical leave, but I completed 1 year of managerial experience abroad before that. Can I qualify for EB-1C?
Active managerial experience before the sabbatical leave can qualify for EB-1C, provided other criteria and business relationship requirements are met.
Read full answer →If the EB-1C is denied, can the company refile?
If the EB-1C petition is denied, the company can resubmit the application, provided it analyzes the reasons for the denial and adjusts the documentation according to legal requirements.
Read full answer →My position is ‘CTO’ but we have only 6 employees in total. EB-1C?
EB-1C requires clear managerial role and structure; small companies, such as those with 6 employees, face challenges, recommending detailed analysis and specialized consultation.
Read full answer →I have < 5 years of academic experience, but strong awards. EB-1B?
Strong awards and international recognition can compensate for less experience for the EB-1B visa, provided they are combined with relevant evidence and a detailed profile evaluation.
Read full answer →Is there a time limit I need to stay with the same employer after EB-1B approval?
There is no mandatory minimum time to remain with the employer after EB-1B approval, but during adjustment of status it is necessary to maintain the intention to work in the offered position.
Read full answer →Does EB-1C require diplomas, but do I need to prove managerial experience?
The EB-1C visa does not require diplomas but requires proof of at least one year of proven managerial experience in a multinational company, with proper documentation and legality.
Read full answer →Do I need to meet all 10 criteria of the EB-1A?
It is not necessary to meet all 10 EB-1A criteria; meeting three or demonstrating an exceptional achievement is sufficient, always with robust documentation and specialized guidance.
Read full answer →Does obtaining the green card with EB-1A allow me to work for any company?
With the EB-1A green card, you have the freedom to work for any company or start your own business, as long as you comply with the rules and obligations of the American immigration system.
Read full answer →Is it risky to apply for EB-1A and, if denied, fall out of status?
Applying for EB-1A is rigorous; denial does not automatically imply loss of status, but maintaining your legal status during the process is essential to avoid immigration complications.
Read full answer →My position was substitute teacher. Can it qualify for EB-1B?
Substitute teachers may face challenges with EB-1B, but merits and recognitions are relevant; each case requires careful analysis and specialized professional guidance.
Read full answer →I have already had an NIW denied. Now I am trying EB-1A. Does the previous denial affect it?
NIW denial does not prevent an attempt at the EB-1A, whose process evaluates its own merits and requires a robust demonstration of extraordinary abilities and international recognition.
Read full answer →EB-1B: does 2 years of teaching experience + 1 year of paid research count as 3?
Two years of teaching and one year of paid research can be considered as three years for the EB-1B, provided they are well documented and aligned with USCIS requirements.
Read full answer →Can EB-1A be denied without giving me a chance for an RFE?
USCIS can deny the EB-1A visa without an RFE if the documents prove the requirements were not met; preparing the petition carefully is essential.
Read full answer →I supervised doctoral and master’s students. Does this fit EB-1B?
Supervising master's and doctoral students is relevant for EB-1B, but it is essential to prove experience, permanent employment, and other evidence of your academic distinction.
Read full answer →I have a managerial position, but I managed for only 9 months, not one year. EB-1C denied?
For EB-1C, it is essential to prove at least one year of managerial experience within the last three years; nine months may be insufficient and lead to visa denial.
Read full answer →In the EB-1C visa, the American company and the foreign company have different owners, but it is a joint venture. Is that allowed?
For the EB-1C visa, it is essential to prove a control relationship between multinational companies; joint ventures with different owners present challenges in this requirement.
Read full answer →Already completed PhD and 6 Q1 articles. Missing awards. EB-1B?
The EB-1B requires international recognition and a job offer. PhD and Q1 articles are strong; awards are not mandatory, but other evidence is essential.
Read full answer →I have 2 hackathon awards and 1 mention in a local Forbes. Is EB-1A that?
Local awards and mentions can help with EB-1A, but a broad and consistent set of evidence proving internationally recognized extraordinary ability is required.
Read full answer →My band performs regional shows, without national news coverage. EB-1A?
The EB-1A visa requires national or international recognition and robust documentation; regional bands face challenges proving exceptional merits without broad prominence.
Read full answer →I don’t speak English, but the company wants me as a manager. EB-1C?
Lack of English fluency does not prevent eligibility for EB-1C, reserved for multinational managers. The language aids adaptation and communication but is not a legal requirement.
Read full answer →For EB-1A, how many years in the profession?
The EB-1A does not require a minimum time in the profession, prioritizing exceptional achievements and recognition evidenced by a robust portfolio and constant USCIS rule updates.
Read full answer →Do I have a letter of recommendation from a Nobel Prize winner attesting to my essential contribution? Does this guarantee EB-1A?
A letter from a Nobel Prize winner is valuable, but EB-1A requires broad and consistent evidence, as well as care with legal aspects and specialized professionals.
Read full answer →I am a music producer with Platinum-certified projects. Does this help with EB-1A?
Platinum certifications are positive, but the EB-1A requires broad and robust evidence of recognition and extraordinary contribution in the musical field, with professional guidance.
Read full answer →For EB-1C, the company in the USA operates in a different sector, but has the same owner. Does it qualify?
The EB-1C petition may be accepted for companies with the same owner in different sectors, provided there is a clear organizational relationship and the candidate holds an executive or managerial position in the USA.
Read full answer →For EB-1B, the offer is for an ‘indefinite senior researcher’ position, but without tenure. Is that acceptable?
EB-1B accepts permanent positions without formal tenure, provided there is stability and professional excellence, with individual evaluation and proof of recognition.
Read full answer →For EB-1B, if the company is large with 10 researchers, but I only have 2 years of experience?
EB-1B requires at least three years of experience; with two years, evaluate your complete profile and consider alternatives to strengthen your application.
Read full answer →Do I need to submit income tax forms for EB-1A?
Income tax forms are not mandatory for EB-1A, but they can strengthen your case if they demonstrate professional continuity and financial credibility.
Read full answer →No EB-1A, se tiver 4 critérios, dispenso final merits?
Meeting four criteria in EB-1A does not waive the final merits analysis, which evaluates the quality and impact of the evidence to confirm extraordinary ability.
Read full answer →EB-1C and the foreign headquarters paid me salary for 1 year. Then I transferred. Is everything all right?
The EB-1C visa requires strict proof of prior managerial experience and detailed documentation for transfer between international subsidiaries and U.S. headquarters.
Read full answer →Does USCIS ask about future plans for EB-1A?
USCIS does not require detailed future plans for EB-1A, but the petition must show ongoing commitment and contribution in the extraordinary ability area.
Read full answer →Can I have both EB-1A and EB-1B petitions pending?
It is allowed to have both EB-1A and EB-1B petitions pending simultaneously, provided that the criteria for each category are independently and strictly met.
Read full answer →EB-1A do I owe 2 years to my home country (ex. J-1 scholarship)?
If you have the two-year requirement from a J-1 visa, you must fulfill it or apply for a waiver before proceeding with the EB-1A application for residence in the US.
Read full answer →I was a company director abroad for 8 months, but I lived abroad for 1 year. The actual position was only 8 months. Is EB-1C possible?
The EB-1C requires 1 year in an executive position abroad. Living 12 months is not enough; actual role for 8 months may hinder eligibility. Evaluate your case with specialists.
Read full answer →In EB-1B, does the university say I am ‘tenure-track’? How do I prove it?
To prove a tenure-track position in EB-1B, obtain an official letter from the university and documents confirming the progressive and permanent nature of the position.
Read full answer →For EB-1C, can having a department in the US with 5-10 people be sufficient?
Having a department with 5-10 people can be sufficient for EB-1C, provided that clear managerial functions with significant impact exist and the documentation is well prepared.
Read full answer →Is being a regular columnist for a renowned magazine helpful for the EB-1A?
Being a regular columnist for a renowned magazine can help with the EB-1A but is only part of the evidence needed to prove extraordinary ability.
Read full answer →I am a microinfluencer with 50k followers and no awards. EB-1A?
Microinfluencers without renowned awards generally do not qualify for the EB-1A visa, which requires proof of extraordinary achievements.
Read full answer →Do I need a prize like the Nobel or Fields Medal for EB-1A?
EB-1A does not require prizes like the Nobel or Fields Medal but values recognized contributions proven by solid and diversified evidence.
Read full answer →Does gender discrimination help or hinder in the EB-1?
In the EB-1, gender discrimination does not influence the evaluation; the focus is on the candidate's professional achievements and recognition, respecting immigration laws.
Read full answer →For EB-1C, can a company have a foreign holding and a U.S. subsidiary?
The EB-1C visa allows foreign holdings with U.S. subsidiaries, provided they demonstrate a corporate relationship and managerial experience according to USCIS criteria.
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